Patna High Court
Nitesh Kumar @ Nitesh Kumar Ray @ Nitesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bail‑bond, sureties, compliance with Section 482 of the B.N.S.S., and adherence to the mediation agreement.
Summary
The petitioner, Nitesh Kumar, husband of Sandhya Kumari, faced arrest in a criminal complaint (Case No. 2726 of 2024) alleging offences under several sections of the B.N.S., 2023 and the Dowry Prohibition Act. The parties had earlier resolved their dispute through mediation at the Patna High Court Mediation & Conciliation Centre, executing a Memorandum of Agreement to live together as husband and wife. Both counsel accepted the settlement, and the petitioner sought bail, offering a bail‑bond of Rs.10,000 with two sureties. The Court, considering the amicable settlement and the provisions of Section 482 of the B.N.S.S., ordered bail on the condition that the petitioner complies with the terms of the agreement, failing which the bail may be cancelled. The order was made subject to the satisfaction of the Judicial Magistrate First Class, Saran.
Issues considered
- Whether a criminal complaint can be stayed or bail granted when the parties have settled the dispute through mediation.
- Whether Section 482 of the B.N.S.S. empowers the Court to grant bail in such circumstances.
- Whether the settlement affects the petitioner’s liability under the Dowry Prohibition Act and the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 115(2), 303, 329(4), 333, 3(5), 85
- B.N.S.S. — s. 482
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- mediation
- settlement
- criminal complaint
- Dowry Prohibition Act
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56173 of 2025
Arising Out of PS. Case No.-2726 Year-2024 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Nitesh Kumar @ Nitesh Kumar Ray @ Nitesh Rai S/o Rajkishore Rai R/o
Village - Katea, P.S - Janta Bazar, District -Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sandhya Kumari D/o Jagat Narayan Rai R/o Village - Nagdiha, P.S -
Baniyarpur, District - Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
Mr.Ravi Prakash, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2,
apprehends his arrest in a complaint case punishable for the
offence under Sections 85, 115(2), 329(4), 333, 303, 3(5) of the
B.N.S., 2023 and Sections 3/4 of the Dowry Prohibition Act.
3. At the outset, learned counsel for the petitioner
submits that the dispute between the parties has been settled
amicably through the process of mediation and both parties have
agreed to live together, as husband and wife. Petitioner also
undertakes to keep opposite party no. 2 with full respect and
dignity.
4. Learned counsel for the opposite party no. 2 does
not dispute the aforesaid contention and confirms the fact
Patna High Court CR. MISC. No.56173 of 2025(4) dt.03-02-2026
2/2
regarding the settlement entered into between the parties.
5. Here, it is relevant to mention that earlier, with
consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
6. In view of aforesaid facts and circumstances, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, as named above, be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Saran at Chapra in connection with Complaint
Case No. 2726 of 2024, subject to condition as laid down under
Section 482 of the B.N.S.S. with condition that petitioner shall
abide by all the terms & conditions, mentioned in
Memorandum of Agreement, failing which, the learned Trial
Court would be at liberty to cancel the bail-bond of
petitioner.”
(Prabhat Kumar Singh, J)
anay
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